South Dakota Statutes
§ 53-9-5 — Contracts fixing damages void, exception.
Every contract in which amount of damage or compensation for breach of an obligation is determined in anticipation thereof is void to that extent except the parties may agree therein upon an amount presumed to be the damage for breach in cases where it would be impracticable or extremely difficult to fix actual damage.
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South Dakota § 53-9-5 (Contracts fixing damages void, exception.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Heikkila v. Carver
378 N.W.2d 214 (South Dakota Supreme Court, 1985)
Walter Motor Truck Co. v. State Ex Rel. Department of Transportation
292 N.W.2d 321 (South Dakota Supreme Court, 1980)
Council of Higher Education v. South Dakota Board of Regents
2002 SD 55 (South Dakota Supreme Court, 2002)
Larsen v. Metropolitan Life Insurance (In Re Larsen)
122 B.R. 733 (D. South Dakota, 1990)
In Re Tri-State Ethanol Co. LLC
354 B.R. 913 (D. South Dakota, 2006)
Legislative History
CivC 1877, §§ 956, 957; CL 1887, §§ 3580, 3581; RCivC 1903, §§ 1274, 1275; RC 1919, §§ 895, 896; SDC 1939, § 10.0704.